What's happening
This bill requires a hearing before certain New York State Police investigators and commanders with three years' service can be removed or demoted, except for economic or organizational reasons.
Why it matters
Strengthens job security for experienced State Police investigators and commanders. by requiring a formal hearing before they can be removed or demoted after three years in key investigative or supervisory roles—helping prevent arbitrary or politically motivated personnel decisions.
Limits management’s ability to unilaterally reassign or demote seasoned officers. except in cases of economic necessity, organizational restructuring, or curtailment of activities, which could deter misuse of internal transfers for punitive reasons.
May impact morale and retention among senior investigative staff. , as it provides more predictable career stability and due process, potentially making these positions more attractive and reducing turnover or fear of sudden demotion.
Could influence department operations and flexibility. , as leadership will need to weigh the administrative burden and justification for removing or demoting affected officers, possibly leading to more transparent personnel practices but also slower response to changing organizational needs.
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Who cares
Headline styles
Protect Investigators' Job Security
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
1 Co-sponsor
History
- Referred to finance
- Returned to senate
- Died in assembly
- Referred to governmental employees
- Delivered to assembly
- Passed senateVote 63–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1279
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect State Police Investigators
In Assembly Committee · Codes · Sponsor Joseph Morelle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5463
2017-2018 Regular Sessions
IN SENATE
March 29, 2017
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to longevity in title for investigative employees of the division of state police
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 215 of the executive law, as amended by chapter 478 of the laws of 2004, is amended to read as follows:
3. The sworn members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by the superintendent only after a hearing. Members who have been assigned or appointed as investigators or senior investigators in the bureau of criminal investigation or as a station commander, zone commander, zone sergeant, first sergeant, captain or major for a period of three continuous years or more may be removed or demoted from such assignment or appointment only after a hearing, the procedure of which shall be in accordance with regulations adopted by the superintendent of state police; provided, however, that a hearing shall not be required when reduction in rank from such position is based solely on reasons of the economy, consolidation or abolition of functions, or curtailment of activities. No person shall be appointed to the New York state police force as a sworn member unless he or she shall be a citizen of the United States, between the ages of twenty-one and twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceeding a total of six years, shall be subtracted from the age of any applicant who has passed his or her twenty-ninth birthday, solely for the purpose of permitting qualification as to age and for no other purpose. Such limitations as to age however shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10724-02-7
S. 5463 2
apply to persons appointed to the positions of counsel, first assistant counsel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investigation pursuant to section two hundred sixteen of this article nor shall any person be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointments shall be made for a probationary period which, in the case of appointees required to attend and complete a basic training program at the state police academy, shall include such time spent attending the basic school and terminate one year after successful completion thereof. All other sworn members shall be subject to a probationary period of one year from the date of appointment. Following satisfactory completion of the probationary period the member shall be a permanent appointee. Voluntary resignation or withdrawal from the New York state police during such appointment shall be submitted to the superintendent for approval. Reasonable time shall be required to account for all equipment issued or for debts or obligations to the state to be satisfied. Resignation or withdrawal from the division during a time of emergency, so declared by the governor, shall not be approved if contrary to the best interest of the state and shall be a misdemeanor. No sworn member removed from the New York state police shall be eligible for reappointment. The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the New York state police and for the examination and qualifications of applicants for appointment as members thereto and such examinations shall be held and conducted by the superintendent subject to such rules and regulations. The superintendent is authorized to charge a fee of twenty dollars as an application fee for any person applying to take a competitive examination for the position of trooper, and a fee of five dollars for any competitive examination for a civilian position. The superintendent shall promulgate regulations subject to the approval of the director of the budget, to provide for a waiver of the application fee when the fee would cause an unreasonable hardship on the applicant and to establish a fee schedule and charge fees for the use of state police facilities.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to longevity in title for investigative employees of the division of state police
Purpose
The purpose of this legislation is to provide that in the event of a planned demotion Bureau of Criminal Investigation (BCI) investigators and senior investigators, as well as station commanders, zone commanders, zone sergeants, first sergeants, captains and majors within the Division of State Police shall have the right to a hearing similar to that provided to police officials of similar rank in other police departments in New York State.
Summary of provisions
Amends, Section 215 of the Executive Law to provide that investigators, senior investigators, station commanders, zone commanders, zone sergeants, first sergeants, captains and majors within the Division of State Police who have completed three continuous years or more shall not be demoted without a hearing, except in those instances when the reduction in rank is based solely on reasons of the economy, consolidation or abolition of functions, or curtailment of activities.
Justification
There are currently more than 1100 members of the Division of State Police holding the rank of Investigator or Senior Investigator. These members are the detectives within the Division of State Police detectives, assigned to the BCI. They work in plain clothes in various criminal investigation capacities and constitute approximately 25% of the sworn membership of the Division. The positions of Investigator and Senior Investigator are made by the Superintendent based on skill, experience and performance.
This legislation would simply extend to the those holding the titles mentioned in the legislation the same rights to a hearing now available to personnel on other police departments within New York State in the event of a demotion; namely that after three continuous years of service in such positions, they may only be removed in accordance with the protection afforded by section 75 of the Civil Service Law. This measure would not prevent a reduction in rank without a hearing if it is based upon reasons of economy, consolidation or abolition of functions.
Promotion to the BCI and the other titles noted in the legislation should come with the same basic protection of a right to a hearing upon demotion that is provided to personnel in other police departments in New York State.
Legislative history
Similar legislation was last introduced in 2002 as A.10296/S.4417. The passed the Assembly and was referred to the Senate Rules Committee.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.